An outraged community, stirred by the deaths of four teenage boys, beat a frantic path to the court gates in Protea, Soweto, yesterday. Seething residents and pupils shouted as they pelted the armoured van that carried Molemo Maarohanye, popularly known as JubJub, and Themba Tshabalala - the two men accused of killing the four boys during a road race on Monday. "You give them bail, we kill them", "No bail for bloody Jub Jub", "Life sentence for bloody Jub Jub" and "First example. Celeb or no celeb, pay the price" were some of the posters they carried.
Altmont Technical High School pupils spurred the angry crowd on as they rattled the court gates and sang "Awulethe uJub Jub" (Bring Jub Jub) - an adaptation of President Jacob Zuma's controversial machinegun song. Once inside the Protea Magistrate's Court, Maarohanye and Tshabalala faced their accusers.
For the deaths of Andile Mthombeni, Prince Mohube, Mlungisi Cwayi and Phomello Masemola, the charge is murder.
Hip-hop star JubJub wore a foam neck brace, a pink golf shirt with green stripes and jeans, Tshabalala wore a black leather jacket and jeans. Both appeared unemotional throughout the hearing. They were denied bail and will spend the next seven days in custody. Lawyers for the pair, who wanted to get them out on immediate bail, failed in their bid to have the State's request for a seven-day postponement denied.
Dozens of onlookers gathered in the passageways, while courtroom No 6 was packed out. Journalists and the public were squashed into every available space. JubJub's father Sidney and his sister Tiisetso were present, while his mother Mama Jackey was not. Policemen and women, a metro cop, interpreters, officials and lawyers all came to witness the hearing, many taking photos on their cellphones. Outside, at least 10 policemen controlled the crowd in the passageways.
Prosecutor Lizelle van Jaarsveld told magistrate Brian Nemavhadi the pair faced four murder charges, two of attempted murder, one count of reckless and negligent driving and another of driving under the influence of alcohol. She said the State needed a week for further investigations on grounds that further witness statements were needed, including those of two passengers. Technical inspections had to be done on both cars and more time was needed to shed light on the specifics of the charges and the granting of bail.
The known facts, according to the State, were that the two accused had been drag-racing along a two-way street when an approaching car caused one of them to swerve back into his lane, hitting the other car and losing control. The cars hit a group of teenagers, killing four boys and seriously injuring two. "This was in a residential area with pedestrians, it was peak hour and they were exceeding the speed limit by drag-racing, thus we are saying the charge is murder," Van Jaarsveld said.
Defence counsel Ike Motloung argued that the wrecked cars were "safely in the hands of the police" and the accused could do nothing to tamper with them or interfere with investigations. He said the State had failed to explain why they couldn't get all the statements they needed, arguing that the application for a postponement was being used "as the easy way out". "This was a motor collision. It appears four innocent souls were lost, and that is very tragic. But it was an accident. Exactly how it all took place, who's guilty and who's not, is to be determined at the trial stage. A bail application is not a time for that," Motloung stated.
Van Jaarsveld said the case would be referred to the Director of Prosecutions. "There are victims still in hospital. We cannot fairly be expected to get all the information we need in 48 hours," Van Jaarsveld pleaded.
Nemavhadi ruled that the State should be allowed more time to continue with its investigations and technical inspections before the accused could be allowed to apply for bail. He postponed the matter to Wednesday.
As JubJub and Tshabalala were led back to the cells, the angry crowd outside, now about 2 000 strong, bayed for their blood. Many people joked about JubJub being taken to Diepkloof Prison, claiming he would receive "a very warm welcome". "They are waiting for you. We've made arrangements for you. You had better go now because your lunch at Sun City is waiting for you," shouted one woman.
Source: IoL
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